K N GURUSWAMY Vs. STATE OF MYSORE

JUDGEMENT

(1.) We are concerned in this appeal with the sale of a liquor contract for the year 1953-54 in the State of Mysore.

(2.) The appellant Guruswamy and the fourth respondent Thimmappa are rival liquor contractors. The contract for the City and Taluka of Bangalore was auctioned by the third respondent, the Deputy Commissioner on 27th April, 1953. The appellants' bid of Rs.1,80,000 a month was the highest, so the contract was knocked down in his favour subject to formal confirmation by the Deputy Commissioner. On the same day the appellant deposited, Rs. 1,99,618-12-0.

(3.) The fourth respondent Thimmappa was present at the auction but did not bid, Instead of that he went direct to the Excise Commissioner behind the appellant's back and made an offer of Rs. 1,85,000.